SUMNER v. HOGAN

2870, 100150/08, 100843/08

73 A.D.3d 618 (2010)

901 N.Y.S.2d 236

ROBERT SUMNER et al., Respondents, v. DANIEL D. HOGAN, as Chairman of the New York State Racing and Wagering Board, et al., Appellants. TROY STABLES, LLC, et al., Respondents, v. DANIEL D. HOGAN, as Chairman of the New York State Racing and Wagering Board, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 25, 2010.


These two proceedings challenge regulations of respondent New York State Racing and Wagering Board (Racing Board) governing standardbred (harness) racehorses. The regulations requiring pre-race detention of horses are designed to detect and prevent the practice of "milkshaking," which is the administering of baking soda combined with other substances to the horse before a race for the purpose of neutralizing lactic acid build-up, slowing the onset of fatigue, and presumably...

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